MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2002075169
	DOCKET NUMBER:   AR2002075169

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he was awarded the Combat Medical Badge.

APPLICANT STATES:  In effect, that he did not receive the Combat Medical Badge upon his separation from active duty.  He believes that he spent enough time in Vietnam to earn the award.

The applicant provides no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 24 July 1969, and was trained as a medical specialist.  He served in Vietnam from 10 November 1970 to14 July 1971, while assigned to the 6th Convalescent Center.  He was separated honorably on 15 July 1971, in the rank of specialist.

His DD Form 214, separation document, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal and (0) Overseas Bars (the entry "(0)" is an error).

His DA Form 20 (Enlisted Qualification Record) reflects that he qualified as an expert with the hand grenade and as a sharpshooter with the M-14 and M-16 rifles.  The appropriate marksmanship badges are not reflected on his DD Form 214.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size during any period the infantry unit is engaged in actual ground combat.

The same regulation provides that:

a.  the Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.

b.  marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

c.  the bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to two bronze service stars for participating in the Vietnam Counteroffensive, Phase VII, and Consolidation I, Campaigns.

d.  Department of the Army General Orders Number 8, dated 19 March 1974, provides that all units assigned to Vietnam between 8 February 1962 and 28 March 1973, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, that 1 Oversea Service Bar is authorized for each      6-month period of active Federal service as a member of the U.S. Army in Vietnam, from 1 July 1958 to 28 March 1973.  The month of arrival in and departure from Vietnam are counted as whole months for credit toward the oversea service bar.  In the applicant’s case, he is entitled to 1 Oversea Service Bar for his Vietnam service between 10 November 1970 and 14 July 1971.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no award listed in the awards regulation titled Combat Medal and while the applicant was a medical specialist, there is no evidence that he served in a medical unit assigned or attached to an infantry unit while it was engaged in actual ground combat, therefore, he does not qualify for the Combat Medical Badge. 

2.  Nonetheless, in reviewing his case it was noted that he is entitled to 2 bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with grenade bar, the Sharpshooter Marksmanship Qualification Badge with rifle bar, and 1 Oversea Service Bar.  He is also entitled to a correction of his records to show these awards.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, is requested to correct the records of the individual concerned by showing that he was awarded 2 bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with grenade bar, the Sharpshooter Marksmanship Qualification Badge with rifle bar, and 1 Oversea Service Bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kwl ___  ___dph__  ___aao__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075169	
SUFFIX		
RECON		
DATE BOARDED	20020924	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.107		
2.		
3.		
4.		
5.		
6.